The European Court of Human Rights and the Freedom of Religion or Belief
The 25 Years since Kokkinakis
Published on 11. April 2019
Book
Hardback
630 pages
978-90-04-34689-5 (ISBN)
Description
As the tensions involving religion and society increase, the European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analysis of the first twenty-five years of the European Court's religion jurisprudence. The Court is one of the most significant institutions confronting the interactions among states, religious groups, minorities, and dissenters. In the 25 years since its first religion case, Kokkinakis v. Greece, the Court has inserted itself squarely into the international human rights debate regarding the freedom of religion or belief. The authors demonstrate the positive contributions and the significant flaws of the Court's jurisprudence involving religion, society, and secularism.
Reviews / Votes
'The collection accomplishes to depict Article 9 and the Court's related challenges, approaches and jurisprudence in a comprehensive manner' and 'it provides a critical and comprehensive analysis of Article 9 of the ECHR, primarily aimed at academics and ECtHR practitioners'.Christina Seewald, European Yearbook on Human Rights 2019, page 579-581 (Intersentia).
More details
Series
Language
English
Place of publication
Netherlands
Publishing group
Brill
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 241 mm
Width: 158 mm
Thickness: 40 mm
Weight
1016 gr
ISBN-13
978-90-04-34689-5 (9789004346895)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Jeroen Temperman is Professor of International Law and Religion at Erasmus School of Law, Erasmus University Rotterdam, Netherlands. He is also the Editor-in-Chief of the journal Religion & Human Rights and a member of the Organization for Security and Cooperation in Europe's Panel of Experts on Freedom of Religion or Belief. He has authored, among other books, Religious Hatred and International Law (Cambridge University Press, 2016) and State-Religion Relationships and Human Rights Law (Martinus Nijhoff Publishers, 2010) and edited Blasphemy and Freedom of Expression (Cambridge University Press, 2017) and The Lautsi Papers (Martinus Nijhoff Publishers, 2012).
T. Jeremy Gunn is University Professor at the Universite Internationale de Rabat. His work focuses particularly on the interrelationship among religion, law, and politics. Among his publications are No Establishment of Religion: America's Original Contribution to Religious Liberty (ed. with John Witte, Jr.) (Oxford, 2012) and Spiritual Weapons: The Cold War and the Forging of an American National Religion (Praeger, 2009).
Sir Malcom Evans, KCMG is Professor of Public International Law at Bristol University. He has published widely the protection of the freedom of religion or belief, including Religious Freedom and International Law (Cambridge, 1997) and The Changing Nature of Religious Rights (Oxford, 2015).
T. Jeremy Gunn is University Professor at the Universite Internationale de Rabat. His work focuses particularly on the interrelationship among religion, law, and politics. Among his publications are No Establishment of Religion: America's Original Contribution to Religious Liberty (ed. with John Witte, Jr.) (Oxford, 2012) and Spiritual Weapons: The Cold War and the Forging of an American National Religion (Praeger, 2009).
Sir Malcom Evans, KCMG is Professor of Public International Law at Bristol University. He has published widely the protection of the freedom of religion or belief, including Religious Freedom and International Law (Cambridge, 1997) and The Changing Nature of Religious Rights (Oxford, 2015).
Content
?Contributors
?Table of Legislation
?Table of Cases
?Introduction
?T. Jeremy Gunn, Jeroen Temperman and Malcolm Evans
Pre-Kokkinakis and Post-Kokkinakis
1?Pre-KokkinakisCase Law of the European Court of Human Rights: Foreshadowing the Future
?Carolyn Evans
2?The Freedom of Religion or Belief in the echr sinceKokkinakisor "QuotingKokkinakis"
?Malcolm Evans
Article 9 Jurisprudence: General Contours
3?Manifestations of Religion or Belief in the Case Law of the European Court of Human Rights
?Javier Martinez-Torron
4?Limitations on Freedom of Religion and Belief in the Jurisprudence of the European Court of Human Rights
?Mark Hill QC and Katherine Barnes
5?Avoiding Scrutiny? The Margin of Appreciation and Religious Freedom
?Stephanie Berry
6?Marginal Neutrality - Neutrality and the Margin of Appreciation in the Jurisprudence of the European Court of Human Rights
?Malcolm Evans and Peter Petkoff
Religion Jurisprudence: Thematic Studies
7?Kokkinakis and the Narratives of Proper and Improper Proselytizing
?Brett G. Scharffs
8?Education & Freedom of Religion or Belief under the European Convention on Human Rights and Protocol No. 1
?Jeroen Temperman
9?Religion and Equality: From Managing Pluralism towards a European Requirement of State Neutrality
?Renata Uitz
10?Freedom of Religion or Belief and Employment Law: The Evolving Approach of the European Court of Human Rights
?Lucy Vickers
11?Freedom of Religion or Belief and Freedom of Association: Intersecting Rights in the Jurisprudence of the European Convention Mechanisms
?Ioana Cismas
12?Conscientious Objection under the echr: The Ugly Duckling of a Flightless Jurisprudence
?Stijn Smet
13?Religion, Expression and Pluralism
?Agnes Callamard
14?Religious Symbols and State Regulation: Assessing the Strategic Role of the European Court of Human Rights
?Dominic McGoldrick
Reflections
15?The Legitimacy of the European Court of Human Rights in Light of Its Article 9 Jurisprudence: A Multisided Perspective
?Eva Brems and Saila Ouald Chaib
16?Implementation and Impact of Strasbourg Court Rulings: The Case of Religious Minorities and Their Convention Freedoms
?Dia Anagnostou
17?Grassroots Level Awareness about Religion at the European Court of Human Rights
?Effie Fokas
18?A Matter of Judgment: Dissenting Opinions in Cases Concerning Religion or Belief in the European Court of Human Rights
?Sophie van Bijsterveld
19?"Principle of Secularism" and the European Court of Human Rights: A Shell Game
?T. Jeremy Gunn
?Bibliography
?Index
?Table of Legislation
?Table of Cases
?Introduction
?T. Jeremy Gunn, Jeroen Temperman and Malcolm Evans
Pre-Kokkinakis and Post-Kokkinakis
1?Pre-KokkinakisCase Law of the European Court of Human Rights: Foreshadowing the Future
?Carolyn Evans
2?The Freedom of Religion or Belief in the echr sinceKokkinakisor "QuotingKokkinakis"
?Malcolm Evans
Article 9 Jurisprudence: General Contours
3?Manifestations of Religion or Belief in the Case Law of the European Court of Human Rights
?Javier Martinez-Torron
4?Limitations on Freedom of Religion and Belief in the Jurisprudence of the European Court of Human Rights
?Mark Hill QC and Katherine Barnes
5?Avoiding Scrutiny? The Margin of Appreciation and Religious Freedom
?Stephanie Berry
6?Marginal Neutrality - Neutrality and the Margin of Appreciation in the Jurisprudence of the European Court of Human Rights
?Malcolm Evans and Peter Petkoff
Religion Jurisprudence: Thematic Studies
7?Kokkinakis and the Narratives of Proper and Improper Proselytizing
?Brett G. Scharffs
8?Education & Freedom of Religion or Belief under the European Convention on Human Rights and Protocol No. 1
?Jeroen Temperman
9?Religion and Equality: From Managing Pluralism towards a European Requirement of State Neutrality
?Renata Uitz
10?Freedom of Religion or Belief and Employment Law: The Evolving Approach of the European Court of Human Rights
?Lucy Vickers
11?Freedom of Religion or Belief and Freedom of Association: Intersecting Rights in the Jurisprudence of the European Convention Mechanisms
?Ioana Cismas
12?Conscientious Objection under the echr: The Ugly Duckling of a Flightless Jurisprudence
?Stijn Smet
13?Religion, Expression and Pluralism
?Agnes Callamard
14?Religious Symbols and State Regulation: Assessing the Strategic Role of the European Court of Human Rights
?Dominic McGoldrick
Reflections
15?The Legitimacy of the European Court of Human Rights in Light of Its Article 9 Jurisprudence: A Multisided Perspective
?Eva Brems and Saila Ouald Chaib
16?Implementation and Impact of Strasbourg Court Rulings: The Case of Religious Minorities and Their Convention Freedoms
?Dia Anagnostou
17?Grassroots Level Awareness about Religion at the European Court of Human Rights
?Effie Fokas
18?A Matter of Judgment: Dissenting Opinions in Cases Concerning Religion or Belief in the European Court of Human Rights
?Sophie van Bijsterveld
19?"Principle of Secularism" and the European Court of Human Rights: A Shell Game
?T. Jeremy Gunn
?Bibliography
?Index